Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and MileTracker (“MileTracker,” “we,” “us”) governing your use of the MileTracker mobile app, this website, and any related services (collectively, the “Service”). By downloading, installing, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. What MileTracker is — and isn’t

MileTracker is a mileage logging and record-keeping tool. It is not a tax preparation service, accounting service, or legal service. We are not tax advisors, accountants, attorneys, or financial advisors, and nothing in the Service constitutes tax, legal, financial, or accounting advice. Mileage deduction eligibility depends on your individual circumstances and applicable law. You are solely responsible for determining what mileage you may deduct and for complying with the rules of the IRS and any other tax authority that applies to you. We are not affiliated with, endorsed by, or certified by the Internal Revenue Service.

2. Eligibility and accounts

You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a legally binding contract to use the Service. You are responsible for all activity that occurs under your account and for keeping your sign-in credentials secure. Notify us promptly at info@jhobbie.com if you believe your account has been compromised.

3. Subscriptions and billing

Some features of the Service (“MileTracker Pro”) require a paid subscription. Subscriptions are sold and billed through Apple’s in-app purchase system and are subject to Apple’s applicable terms.

• Your subscription will automatically renew at the end of each billing period unless you cancel it at least 24 hours before the end of the period through your Apple ID account settings.
• Pricing, billing periods, and the features included in each tier are described in the App Store listing and inside the app and may change from time to time.
• Refund requests are handled by Apple at reportaproblem.apple.com. We do not process refunds directly.

4. User responsibilities and accuracy

The Service uses your device’s GPS, motion sensors, and background location capabilities to detect and record trips. Detection accuracy depends on factors outside our control, including your device, operating system version, location and background-refresh permissions, signal availability, battery settings, and how you classify your trips. You are responsible for reviewing your trips, correcting any errors, adding any trips that the Service did not capture, and verifying the completeness and accuracy of any mileage log, export, or report before submitting it to the IRS, a tax preparer, an employer, or any other party. We strongly recommend that you review your trips regularly and consult a qualified tax professional regarding your specific situation.

5. Acceptable use

You agree not to:

• Use the Service in violation of any applicable law or regulation;
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent that such restriction is prohibited by applicable law;
• Interfere with, disrupt, or attempt to gain unauthorized access to the Service, our servers, or any related systems or networks;
• Use the Service to submit false, fraudulent, or misleading information to any tax authority or other third party;
• Resell, sublicense, or commercially redistribute the Service without our prior written consent.

6. Intellectual property

The Service, including all software, text, graphics, logos, and other content, is owned by MileTracker or its licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal or internal business mileage tracking, subject to these Terms. You retain ownership of the content you submit to the Service (such as trip notes and classifications), and you grant us a worldwide, royalty-free license to host, store, process, transmit, and display that content as reasonably necessary to operate and improve the Service.

7. Privacy

Our collection and use of personal information in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference.

8. Third-party services

The Service relies on third-party platforms, including Apple, Apple Sign in with Apple, Apple in-app purchases, RevenueCat, Supabase, and Vercel. Your use of those platforms is subject to their own terms and policies. We are not responsible for the acts, omissions, terms, or policies of any third party.

9. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MILETRACKER DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETE, OR ACCURATE; THAT EVERY TRIP WILL BE DETECTED OR CLASSIFIED CORRECTLY; THAT EXPORTS WILL BE ACCEPTED BY THE IRS, ANY OTHER TAX AUTHORITY, OR ANY THIRD PARTY; OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. YOU ASSUME ALL RISK FOR YOUR USE OF THE SERVICE AND FOR ANY MILEAGE DEDUCTION OR REIMBURSEMENT YOU CLAIM BASED ON DATA FROM THE SERVICE.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MILETRACKER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, TAX DEDUCTIONS, REIMBURSEMENTS, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US (THROUGH APPLE OR OTHERWISE) FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless MileTracker and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with (a) your use of the Service, (b) your violation of these Terms, (c) any mileage log, deduction, reimbursement claim, or tax filing you make based on data from the Service, or (d) your violation of any rights of a third party.

12. Termination

You may stop using the Service at any time. We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms or if we discontinue the Service. Sections that by their nature should survive termination — including disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.

13. Governing law, arbitration, and class action waiver

These Terms are governed by the laws of the State of Indiana, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Mandatory arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that you may bring an individual action in small-claims court if it qualifies. The arbitration will be conducted in English and may be conducted by telephone, video, or written submissions, or in person in the county where you reside.

Class action waiver.YOU AND MILETRACKER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. If this class action waiver is found to be unenforceable, then the entirety of this arbitration section will be null and void.

30-day opt-out. You may opt out of the arbitration agreement and class action waiver by emailing info@jhobbie.com within 30 days of first accepting these Terms with the subject line “Arbitration Opt-Out” and your name and account email in the body. Opting out does not affect any other part of these Terms.

14. Changes to these Terms

We may update these Terms from time to time. When we do, we will update the “Last updated” date at the top of this page and, for material changes, provide additional notice (such as an in-app notice or email). Your continued use of the Service after the changes take effect constitutes your acceptance of the updated Terms.

15. Apple-specific terms

You acknowledge that these Terms are between you and MileTracker only, and not with Apple Inc. (“Apple”). Apple is not responsible for the Service or its content. Apple has no obligation to provide any maintenance or support for the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Service to you; to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.

16. Miscellaneous

These Terms are the entire agreement between you and MileTracker regarding the Service and supersede any prior agreements. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of that provision. You may not assign these Terms without our prior written consent; we may assign them freely. Headings are for convenience only and do not affect interpretation.

17. Contact us

If you have any questions about these Terms, please email us at info@jhobbie.com.